Texas Attorney General Sues Dallas for Its Amendment Restricting Enforcement of Cannabis Offenses

Image | adobe.stock/promesaartstudio

A November 21 press release announced that Texas Attorney General Ken Paxton had sued the city of Dallas for its recently passed charter amendment regarding police enforcement of cannabis possession charges (1). Proposition R appeared on the November 5 ballot through citizen initiative in Dallas and passed with 66.82% of the votes (2).

The amendment, also known as the Dallas Freedom Act, restricts police enforcement of cannabis-related arrests or citations in the city of Dallas except under certain circumstances. The amendment text read: “Shall the Dallas City Charter be amended by adding a new section in Chapter XXIV that reforms marijuana possession enforcement by prohibiting the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure, except as part of a violent felony or high priority narcotics felony investigation; making enforcement of Class A (currently, two to four ounces) and Class B (currently, up to two ounces) misdemeanor marijuana possession the Dallas Police Department’s lowest enforcement priority; and prohibiting city funds or personnel from being used to test cannabis-related substances to determine whether a substance meets the legal definition of marijuana, except in limited circumstances?”

The press release from the Attorney General cited the Texas Local Government Code, which prohibits local governments from adopting policies that do not fully enforce drug laws, and the Texas Constitution, which forbids municipalities from enacting ordinances that conflict with state laws established by the Texas Legislature.

“Cities cannot pick and choose which State laws they follow,” stated Paxton in the press release. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them. This is a backdoor attempt to violate the Texas Constitution, and any city that tries to constrain police in this fashion will be met swiftly with a lawsuit by my office.” Five cities were sued by Paxton earlier this year for adopting ordinances limiting cannabis enforcement.

In a November 19 city council meeting, Council Member Cara Mendelsohn had suggested adding a clause to prevent the city from enforcing Proposition R unless Texas legalized cannabis, noting the potential for lawsuits against the city (3). The council voted to reject the clause. “The Dallas Freedom Act was adopted by a majority of the voters, and the City Council has directed that the city comply with the amendment’s provisions,” stated Kimberly Bizor Tolbert, Dallas Interim City Manager. “The Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety.”

Cannabis for medical purposes – the Texas Compassionate Use Act – passed in 2015, though cannabis for broader recreational use is not legal.

References

1. Paxton, K. Attor­ney Gen­er­al Ken Pax­ton Sues the City of Dal­las for Bal­lot Mea­sure Pro­hibit­ing Police from Enforc­ing Mar­i­jua­na-Relat­ed Offenses, https://texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-city-dallas-ballot-measure-prohibiting-police-enforcing-marijuana (accessed November 26, 2024).
2. Dallas, Texas, Proposition R, Marijuana Decriminalization Charter Amendment (November 2024), Ballotpedia https://ballotpedia.org/Dallas,_Texas,_Proposition_R,_Marijuana_Decriminalization_Charter_Amendment_(November_2024) (accessed November 26, 2024).
3. Snyder, R. Dallas prepared to begin enforcement of marijuana proposition despite some city council members concerns about pre-empting state law, https://www.wfaa.com/article/news/local/dallas-county/some-dallas-city-council-members-try-delay-enforcement-marijuana-reform-ballot-proposition-approved-by-voters/287-22168c32-96ec-414e-9b36-a290335f24ac (accessed November 26, 2024).